Copyright Lately

DECEMBER 29, 2021

Remembering another frustrating year with a countdown of 2021’s most unsatisfying copyright rulings. Here are my personal picks for the copyright opinions from 2021 that, much like the year itself, leave a little something to be desired. Walt Disney Company. Sinclair Broadcast Group, Inc.

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Copyright Lately

SEPTEMBER 12, 2022

Exploring Section 113(c) of the Copyright Act, an underutilized defense that could have changed the outcome of a recent infringement case. There’s a provision of the Copyright Act that provides a simple and straightforward defense to an entire category of infringement claims. 17 U.S.C. § 17 U.S.C. §

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TorrentFreak

MAY 26, 2023

Similar to any other online platform that deals with user-generated content, Instagram processes copyright complaints on a daily basis. Takedown Trouble Triggers Lawsuit This takedown policy is widely accepted as the standard for social media services but every now and then, disputes can arise.

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Corsearch

FEBRUARY 15, 2024

X (formerly Twitter) is one of the most popular social media platforms for businesses and individuals, with around 335 million monthly active users worldwide. Unfortunately, this global reach and accessibility to a large audience also attracts bad actors looking to exploit the popularity and features of social media platforms.

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TorrentFreak

APRIL 7, 2024

Two billion copyright claims are processed every year through YouTube’s Content ID platform – a staggering figure that underscores the scale of this content management system. Aside from addressing copyright infringements in an automated fashion, the Content ID system brings in billions of dollars in revenue.

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IPilogue

OCTOBER 12, 2022

Barlow and Bear went on to become viral sensations on social media and Grammy-winning artists (2022 Best Musical Theatre Album) for their production. alleging infringement of federally registered copyrights and trademarks in violation of 17 U.S.C. § On July 29 th 2022, Netflix sued the TikTok stars Barlow and Bear in the U.S.

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LexBlog IP

JULY 22, 2021

For example, Vice reported on a Beverly Hills police officer breaking out his phone and playing over a minute of Sublime’s “Santeria” when the officer discovered that his interaction with a well-known LA-area activist was being live-streamed by the citizen via Instagram.

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Kluwer Copyright Blog

OCTOBER 3, 2023

3:23-cv-03440 ) In a recent post we analysed a class action filed in the US against Open AI for unauthorized use of copyright works for training of generative AI tools such as ChatGPT ( here ) (“Generative AI” or “Gen AI”). District Court for the Northern District of California, No.

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TorrentFreak

JANUARY 2, 2022

Copyright infringement disputes come in many shapes and sizes. What is rare, however, is for a copyright infringement dispute to have an air of sadness, especially when that affects both sides, albeit in different ways. Mark believes his work is allowed under fair use but that didn’t seem important to Toei.

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IP and Legal Filings

JULY 31, 2021

and Greenpeace Australia Pacific regarding the dispute between alleged trademark and copyright infringement by Greenpeace. Aggrieved by this, AGL took Greenpeace to the Federal Court alleging Trademark and Copyright violation. Fair Dealing. Defense of Fair dealing. Image Source: gettyimages].

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TorrentFreak

MARCH 19, 2024

As reported yesterday , the decision was cited in the ongoing legal battle between book publishers and the Internet Archive. NYT vs. OpenAI/Microsoft Late last year The Times sued OpenAI and Microsoft , alleging that its generative AI models were trained on copyrighted news articles.

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Plagiarism Today

DECEMBER 14, 2021

Last week, it was YouTuber Mark Fitzpatrick, better known as Totally Not Mark, who faced some 150 copyright claims on his channel from Toei Animation. A major “get” for YouTube, Ahgren was lured away from Twitch by YouTube only to have one of his first streams shuttered over an alleged copyright issue.

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Technology & Marketing Law Blog

MAY 30, 2022

Recently, a district court in the same circuit took up a very similar issue, assessing Viacom’s trademark and copyright infringement claims against the owner and operator of a pop-up restaurant and bar called The Rusty Krab. The court spends more time on its likelihood of confusion analysis.

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Copyright Lately

MAY 17, 2021

Parody is tricky, both as an art form and as a matter of copyright law. And putting aside its pure entertainment value, the sketch also raises some interesting questions about just how much of an original work may be taken before parodic fair use crosses the line into copyright infringement. Did SNL go too far?

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IP and Legal Filings

APRIL 19, 2022

The author or creator of any theatrical, literary, creative, or musical work has an exclusive right to copyright. It was recently uncovered that numerous internet platforms are posting infringing content on their websites without the approval of the copyright owners. Image Source: gettyimages]. What are takedown services?

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JIPL Online

APRIL 9, 2021

Memes utilize pop culture content, such as movies, television shows, and other various forms of media, often in a parodic way. Such uses are often methods of social commentary regarding the user’s own life, or more broadly, current events; they also often utilize copyrightable material. [i]

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TorrentFreak

MAY 16, 2022

After researching thousands of DMCA notices and reporting on hundreds of copyright lawsuits, more often than not it takes just a few seconds or minutes to broadly establish the purpose of any action. Is this really all about copyright or is copyright just a convenient mechanism to achieve something else?

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The IPKat

DECEMBER 20, 2023

by Despoina Dimitrakopoulou Recently, the news of reggaeton mega-star Bad Bunny's eloquently put disappointment spread on social media, bringing up interesting questions concerning music creation using AI. Essentially, FlowGPT would have fed the copied songs into the system, and that could mean copyright infringement.

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43(B)log

FEBRUARY 22, 2022

Designed to be freely available licensed or public domain; we occasionally use fair use images where no free image is available, such as when a famous work has been destroyed. Like most large websites that are not in the news every day, we receive very few copyright claims despite our size.

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Copyright Lately

MAY 1, 2023

If you’ve been glued to news coverage of the Ed Sheeran trial for the past two weeks, you may have missed an even bigger story from the world of music copyright. From a copyright perspective, these particular tracks are clearly derivative of both the original sound recordings and the underlying musical compositions.

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Technology & Marketing Law Blog

DECEMBER 15, 2021

A refresher: in 1998, Congress created a notice-and-takedown scheme for user-submitted items that allegedly infringe copyright. Copyright owners send takedown notices, and service providers either remove the items or lose the safe harbor. The DMCA’s main counterbalance to copyright owner overreach was supposed to be 512(f).

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Technology & Marketing Law Blog

AUGUST 1, 2023

Instead, Hunley and Brauer filed a class-action lawsuit against Instagram, alleging that Instagram was vicariously liable for, or was liable for encouraging or contributing to, the alleged direct infringement by others, by providing an “embedding” tool that easily could be used to facilitate public display of their photos.

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Technology & Marketing Law Blog

DECEMBER 11, 2021

For example, if a third-party poster copies a newspaper article and posts it to their social media page, the court implies that the social media service can never assert Section 230 protection for that article–even if the third-party poster isn’t infringing copyright because of, say, fair use.

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43(B)log

FEBRUARY 18, 2022

But Consumer Reports and other forced reports have a bell curve distribution. Revenue models almost always end up dependent of firms whose products are reviewed; Consumer Reports is the very rare exception. Leah Chan Grinvald: Does social media make it easier to establish secondary meaning with virality?

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IP Tech Blog

MARCH 18, 2022

Intellectual property owners need to add the metaverse to places to watch for possible infringement, specifically, trademark or copyright infringement in the form of NFTs or non-fungible tokens. Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works.

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LexBlog IP

MARCH 18, 2022

Intellectual property owners need to add the metaverse to places to watch for possible infringement, specifically, trademark or copyright infringement in the form of NFTs or non-fungible tokens. Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works.

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Trademark Non-Fungible Tokens Intellectual Property Branding 52

TorrentFreak

OCTOBER 7, 2023

A few years ago copyright holders paid little attention to these discussions. In 2017, the site removed ‘just’ 4,352 pieces of content in response to copyright holders’ complaints. ” Copyright Takedown Notices Peak There were no dramatic increases related to Reddit’s copyright policies.

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Copyright Copyright Infringement Fair Use Reporting 96

JIPEL Copyright Blog

MARCH 16, 2022

The most recent of them is the metaverse, and similar to what has happened to other parallel realities such as video games and social media, the metaverse is being invaded by fashion brands. Mr. Rothschild, in defense, calls himself an artist and alleges that he is protected by fair use, based on the precedents set forth by Rogers v.

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Kluwer Copyright Blog

MARCH 6, 2023

A series of recent amendments to copyright law, including in the EU Copyright and the Digital Single Market Directive (Art. 3 and 4) and in Singapore’s new Copyright Act (Art. 243, 244), seek to protect the ability of text and data mining researchers to use copyrighted content in their work. HathiTrust, 755 F.3d

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Copyright Lately

OCTOBER 3, 2022

Despite a number of solid affirmative defenses—including implied license, de minimis use and waiver—the jury was only asked to determine whether defendants had proven that their conduct qualified as a fair use under the Copyright Act. What Happened. Oracle , should have been decided by the trial judge.

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43(B)log

FEBRUARY 18, 2022

Even where permission not legally required, thought was better results due to advances in technology—social media influencing: the advertiser wants customized content. A: History differs a lot—US foundation for ROP was set much earlier. You can cluster fair use cases. Video games: want motion capture.

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Copyright Lately

APRIL 3, 2023

The future of “controlled digital lending” is in doubt after a court rules that the Internet Archive’s online library is not protected by fair use. But the first sale doctrine only provides an exception to a copyright owner’s distribution right. million additional books protected by valid copyrights.

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Copyright Lately

APRIL 19, 2022

Over the past quarter-century, transformative use has become shorthand for fair use itself. When I first heard that the Supreme Court had agreed to take up the fair use fight over Andy Warhol’s “Prince Series,” my first reaction was “Oh wow.”. The transformative use doctrine did play a role in Google v.

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TorrentFreak

DECEMBER 7, 2023

Back in August we reported how Google had received requests to remove one billion allegedly-infringing links from its search results. A few days before we published that report, Google had just processed its seven billionth removal request, having reached six billion less than a year earlier.

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Copyright Lately

OCTOBER 25, 2021

Here are some of the greatest copyright horror stories, featuring such classics as “Nightmare on Elm Street,” “Halloween,” “Dracula,” “Ghostbusters” and … a creepy McDonalds character? The studio settled quietly out of court, so there’s no reported decision in this one.

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Copyright Lately

MAY 21, 2021

Is she weaponizing copyright? Earlier this week, she filed a lawsuit for copyright infringement against CBS Interactive over a photograph CBS used in a 2015 Entertainment Tonight Online article about her scandal. After a local Spokane news reporter asked Dolezal point blank “Are you African American?,”

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Copyright Copyright Infringement Fair Use Copyright Law 98

Plagiarism Today

OCTOBER 7, 2021

This prompted Dorland to first report the alleged plagiarism to a wide variety of groups and worked on getting the story pulled while working through lawyers to demand financial compensation. That, in turn, prompted a counterclaim by Dorland for copyright infringement. Copyright Office before the alleged infringement.

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